HomeMy WebLinkAbout02-18 BZA Staff Report
VARIANCE APPLICATION #02-18
ROY BEATTY AND PATRICIA BEATTY
Staff Report for the Board of Zoning Appeals
Prepared: February 9, 2018
Staff Contact: Mark Cheran, Zoning Administrator
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This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
February 20, 2018
Public Hearing; Action Pending
LOCATION: The property is located at 180 Fishel Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 59-A-40
PROPERTY ZONING & USE: Zoned: RA
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 65-foot left side yard variance to a
required 100-foot left side setback resulting in a 35-foot left side setback, and a 65-foot right side
yard variance to a required 100-foot right side setback resulting in a 35-foot right side setback.
REASON FOR VARIANCE: The property cannot meet current setbacks do to size and acreage of
the adjoining properties.
STAFF COMMENTS: This property was created in 1986 as shown on the deed. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned
A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning
Variance #02-18 – Roy Beatty and Patricia Beatty
Page 2
February 9, 2018
ordinance were 35 feet for the front and 15 feet for the side yards and 50 feet rear. Frederick County
amended its Ordinance in 1989 to change the A-2 Zoning District to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the
front, 100 feet to the rear, and 100 feet to both sides.
The Applicant is requesting a variance of 65-feet on the left side yard from the current 100-feet
resulting in a 35-foot setback. A 65-foot right side yard variance from the current 100-foot
requirement resulting in a 35- foot setback. This variance, if granted, would allow the construction
of a dwelling replacing the existing dwelling that was built in 1965. It should be noted that the new
house would be located farther back from the road in conformance with the front setback.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2018 MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall
be granted unless the application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
This proposed variance appears to be consistent with the character of the District; and meets the
intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from
current setbacks of the RA (Rural Areas) Zoning District may be justified.